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Description of the “Przedsiębiorstwo i Prawo” [Business and Law] Journal

“Przedsiębiorstwo i Prawo” was created with the intention of creating a place for the exchange of opinions and approaches related to the broad topic of business functioning in close correlation with the law. The journal’s Academic Council consists of outstanding lawyers with undeniable academic achievement in the field of law, guaranteeing a high standard and appropriate substantive level among the articles published.

It is the sincere hope of the editorship of “Przedsiębiorstwo i Prawo” that the journal will become a platform for the exchange of experiences on the path to the creation of a model entrepreneur, ready to resolve the most pressing legal problems, as well as the formation of appropriate legal standards. The content of work and materials accepted for print is an indicator of not only a high substantive level of discussion, but also of the involvement of representatives of education and practice in issues in keeping with the journal’s profile. The periodical will be an ideal place for the exchange of opinions and experiences as well as discussion of legal issues that affect entrepreneurship. Entrepreneurship can be described as consisting of two dimensions. On the one hand, it is the creation and development of something new – an organised process under which, under various circumstances, an innovative idea is used to gain advantages on the market. This process involves creativity, innovation, the ability to take advantage of ideas, and risk. On the other hand, entrepreneurship is a system of features that describe a person’s specific manner of behaviour. In this context, entrepreneurship means dynamism, activity, willingness to take risks, the ability to adapt to changing conditions as well as recognise and seize opportunities, innovativeness and motility. The characteristic features of entrepreneurship are above all expansiveness, which should be understood to mean a desire to be the best and strongest while setting ambitious goals in order to achieve greater profits, and innovativeness in terms of continuously seeking out and implementing creative improvements. In economic theory, entrepreneurship is defined as a peculiar form of work or as the fourth (apart from work, land and capital) factor of production. The main characteristics of entrepreneurs are, among others, the ability to perceive needs and improve upon ideas, the ability to take advantage of opportunities and readiness to take risks. The doctrine sets out a list of seven economic rules: scarcity, subjectivity, inequality, competition, imperfection, ignorance and complexity. This list should also be supplemented with luck, though this rule needs no justification.

The above presentation indicates that the title of this developing periodical is universal in nature, as it combines various aspects of the functioning of entrepreneurs with the law. The field of economics, in its broadest sense, is the basis for the functioning of entrepreneurs; however, without due support from the legal sphere, even the best business ventures may fail to achieve success. Another important element in business is ethics, something “Przedsiębiorstwo i Prawo” intends to promote within its pages. An entrepreneur builds commodities to meet consumer demand, but it is his or her duty to do so lege artis, in a way that demonstrates complete honesty, based on integrity and adherence to the appropriate rules. These are – of course – the most important human characteristics in social relations among entrepreneurs, which are based on honouring promises and adherence to social norms, i.e. recognised moral rules that are applicable even when others are unaware of the fact or do not expect it. The concept of “honesty” consists of everything that is, in essence, most valuable, and namely “ethics” and “morality”. Two inseparable and mutually supplementary concepts. Morality is the purest form of behaviour recognised as correct, and ethics is the creation of systems of thought through which moral rules can be established. It is from this supposition that the purpose of the periodical “Przedsiębiorstwo i Prawo” is established – the development of competent entrepreneurs. What is competence? A competent entrepreneur is not one that is authorised to perform designated tasks or take decisions based simply on the position held by him or her, but rather someone who prides themselves on their level of knowledge, experience and ability in terms of interpretation of current legal provisions, and who is capable of taking only astute decisions. When it comes time to seek out the opinion of an entity with specialist knowledge (an expert), its opinion fails to effectively distort the truth, in spite of the facts, because a competent entrepreneur assesses such opinion critically and appoints a different, more reliable expert. A competent entrepreneur is also able to cope with even the most formidable legal complexities and effectively navigate them in order to reach the right outcome. The definition of competence leads us to the clear conclusion that the word ‘competent’ can only be used to describe an entity that has done everything in its power to ensure that justice prevails.

It is the belief of the editorship that “Przedsiębiorstwo i Prawo” has long been awaited as a forum for the presentation of opinions by many circles that deal with the issues affecting entrepreneurship, including among academics, members of the judiciary, prosecutors, attorneys, tax and investment advisers, and all other persons who are active in this regard. It is the editorship’s hope that this journal will meet the expectations of its readers and also result in the development of systematic approaches that may in turn give rise to proposals for legislative solutions.

The journal “Przedsiębiorstwo i Prawo”, for the aforementioned reasons, will constitute a valuable addition to the legal literature and bridging studies. It should also be an obligatory resource for entities involved in the indicated issues sensu stricto as well as students developing in this direction. The periodical is intended to inform all its readers, whom the editorship encourages to both study and contribute to the journal, of unused opportunities. We won’t find out more about these opportunities until we have thoroughly analysed them and actively participated in their creation for the good of our society.